Published in CBA National Labour and Employment Law Section Newsletter (September 2004)

Are "political protests" strikes in which employees do not attend work and/or impede others from attending work materially different from a labour strike? If so, are they permitted while a collective agreement is in force?

In two recent decisions issued within a month of each other -- Health Employers' Assoc. of B.C., BCLRB No. B64/2004 ("HEABC") and B.C. Teachers Federation, BCLRB No. B92/2004 ("BCTF") the B.C. Labour Relations Board arrived at different conclusions. In the HEABC case, vice-chair O'Brien, after conducting a Charter of Rights and Freedoms analysis, stated that in certain cases political protest strikes are acceptable.

In contrast, in the BCTF case, vice-chair Saunders, after also conducting a Charter analysis, concluded that in no circumstances are such political strikes permissible. Given that these two decisions are impossible to reconcile, reconsideration hearings can be expected in one or both.